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James Ross’ CPDcasts

Biography

"James practises in all aspects of consumer and regulatory litigation, especially consumer credit, mortgages, commercial litigation, insolvency and regulatory crime. He acts for individuals, companies and prosecuting authorities, and has appeared before a broad range of tribunals.

Consumer Credit – James regularly acts on behalf of banks, building societies and other financial institutions, advising on a range of consumer credit issues. Examples of current and recent work include: drafting unusual consumer credit agreements such as equity release mortgage agreements) and credit gym membership agreements, advising on the enforceability of regulated credit agreements, especially in respect of credit card agreements, advising lenders and credit brokers of their potential liability in respect of undisclosed or secret commissions following Hurstanger v Wilson CTLC [2007] 59 and acting for lenders where the borrower alleges that the agreement is unenforceable or the default notice is defective.

He also advises on penalty issues in the context of bank current accounts, credit cards and hire purchase agreements, providing advice and drafting pleadings in response to allegations of unfair relationships or extortionate credit bargains under the Consumer Credit Act 1974. He has advised on the new documentary requirements introduced by the Consumer Credit Act 2006: notices of default sums and notices of sums in arrears.

Mortgages – James regularly appears in mortgage possession and appeal hearings, and provides advice on issues such as responding to applications by borrowers for suspension of possession under section 36 of the Administration of Justice Act 1970 and applications for time orders, claims by occupiers that they have an overriding interest in the property and drafting pleadings and mortgage agreements, including equity purchase schemes.

Commercial Litigation – James has acted on behalf of a merchant in a dispute with a merchant acquirer and card issuer, acting on behalf of a finance company in the context of a large scale fraud, advising companies on disputes arising from the hire of defective or badly maintained commercial equipment.

Regulatory Crime – James also acts and advises in relation to criminal proceedings brought by trading standards departments and other prosecuting authorities, as well as civil claims for enforcement orders under the Enterprise Act 2002. Previous experience includes: advising companies of their potential exposure to enforcement action under the Act and the new Consumer Protection from Unfair Trading Regulations 2008, appearing in court regarding these matters"